US Judge Blocks Trump's H-1B Visa Fee Hike to $100,000, Rules It Illegal

(Central News Agency, Washington, 8th, Combined Foreign Reports) A US federal judge on Tuesday blocked a measure by former President Donald Trump that required employers to pay $100,000 (approximately NT$3.18 million) for H-1B work visa applicants.

According to AFP, in a lawsuit filed by 20 Democratic-led states, Federal District Judge Leo Sorokin ruled that, first, the measure infringes upon Congress's taxing power, and second, the H-1B visa fee constitutes an illegal tax.

In a 42-page ruling, Judge Sorokin stated, "Regardless of its name, the substance and application of this $100,000 payment demonstrate that it is a tax." He noted, "The President has neither the power nor the authorization to levy a tax on H-1B visa applications."

However, another federal judge ruled in a separate lawsuit last December that the $100,000 fee was legal, and that case is currently under appeal. That lawsuit was filed by the pro-business lobbying group US Chamber of Commerce and the Association of American Universities, which represents approximately 69 top research universities nationwide.

The US H-1B visa allows companies to bring in overseas professional talent. Approximately 85,000 slots are issued annually through a lottery system, with Indian nationals accounting for about three-quarters of applicants.

Trump announced last September that he would raise the application fee from a maximum of $5,000 to $100,000. He argued at the time that the current system was being abused, with companies using it to hire foreign workers willing to accept lower wages, thereby replacing American workers.

However, tech entrepreneurs, including Trump's former ally Elon Musk, had warned the Trump administration against targeting the H-1B visa. They emphasized that the US lacks sufficient domestic talent to fill critical positions in the tech industry. (Editor: Cai Jiamin) 1150609